Police v Vaiola [2016] WSSC 85 (29 April 2016)

SUPREME COURT OF SAMOA
Police v Vaiola [2016] WSSC 85

Case name:	Police vVaiola
Citation:	[2016] WSSC 85
Decision date:	29 April 2016
Parties:	POLICE and VAIOLA VAIOLA male of Matautu Lefaga (defendant)
Hearing date(s):	-
File number(s):	S23/16
Jurisdiction:	Criminal
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	JUSTICE VAAI
On appeal from:
Order:	- Convicted and ask to come up for sentence within 12 months, you will not be called upon if you do not reoffend.
Representation:	F Ioane for prosecution Unrepresented
Catchwords:	Causing injury – provocation – use of violence -
Words and phrases:
Legislation cited:
Cases cited:
Summary of decision:

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

BETWEEN:

POLICE
Prosecution

AND:

VAIOLA VAIOLA male of Matautu Lefaga
Defendant

Counsel:
F Ioane for prosecution
Unrepresented

Sentence: 29 April 2016

S E N T E N C E

1. Defendant you are 21 years of age, appearing for the first time in any Court of Law. The reasons for you assaulting the complainant is documented in the summary of facts which you confirmed to be correct.
2. From that summary of facts I accept that you were provoked by the complainant resulting in you punching the complainant. It does not however mean that the law accepts the way you reacted to the provocation. You were not justified to use violence when you were angry. It is becoming far too common for Samoans to resort to violence when they are angry.
3. The Legislature has deemed fit to increase the penalty for this type of offence to 7 years because it is becoming far too common for Samoans to resort to violence when they are angered by someone or by some incidents.
4. However the victim did not sustain any serious injuries. For this offence, you are convicted and ask to come up for sentence within 12 months, you will not be called upon if you do not reoffend.

JUSTICE VAAI